What to Do if You are Arrested

By
The Law Office of Justin Rosas
|January 28, 2015

Being arrested for anything can be a frightening ordeal, especially if you face jail time for a serious offense. The more prepared you are for an arrest, however, the better you can respond. As a citizen, you have rights even when you are detained by police, and law enforcement must respect these rights. Being informed of how to behave post-arrest can go a long way in helping you fight your charges and clear your name.

Take the following advice into account if you are arrested:

Do not resist arrest—at the very least, police believe they have a good reason to place you under arrest. Your best move is to remain calm and be courteous towards the officer. You should not be surprised if you or your vehicle are searched since the police believe they have probable cause to place you under arrest.

Protect your rights—remember that you have the right to remain silent, as any information you give to police can be used against you. You cannot be forced to sign any written statements and can choose to stop answering police questions at any time. Only a judge can force you to answer questions.

Use your phone call—you have the right to make at least one phone call to a loved one or attorney. You must be allowed to call or arrange to speak with an attorney as soon as you can, especially before you answer any questions.

Secure legal representation—Consult with a criminal defense lawyer as soon as you have the opportunity. An attorney can advise you as far as what your next steps should be once arrested. Again, you should remain silent until you can speak with a lawyer who can help defend you. They can go over whatever offense you are charged with and inform you of what to share with officers and what to keep private.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.